We recently came across this heat map on which countries see the most bribes. What’s especially great about the database Stanford Law School built with Sullivan & Cromwell LLP is that it’s updated in real time, not to mention how visually appealing it is. This heat map identifies the number of FCPA Groups filed that allege improper payments to that country.
It comes as no surprise to us that China leads the pack. This definitely aligns with what VIA sees based on enforcement actions by language. We see a fair amount of cross-border eDiscovery work from Mexico as well. However, we were surprised that Brazil didn’t make the top 10 as we are seeing an increasing amount of enforcements and internal investigations from this region. We anticipate that this trend will continue as the DOJ has recently increased its FCPA Enforcement unit by more than 50%.
So, what does this mean for you?
- It's Important to Translate Your FCPA Compliance Training. This proactive measure will not only help to curb future issues by providing compliance materials in a language non-English speaking staff can understand, but may also help to reduce penalties if prosecution takes place. For example, two recent FCPA actions brought by the SEC stemmed, in part, from “failure to offer FCPA compliance training in the appropriate language”.
- Find a trustworthy legal and Compliance translation partner. Translations are an inevitability in virtually all FCPA investigations. In fact, the Engagement Plan specifically states that “[w]here requested and appropriate, provision of translations of relevant documents in foreign languages” will be required for a company to receive credit for full cooperation under the pilot. When dealing with large volumes of foreign language data machine translation can be an effective tool to augment human translations, and it is the most efficient and cost effective solution if implemented correctly.
- Understand international data export and retention regulations. In the shifting world of Regional Data Protection Authorities, it is essential to have systems in place to obtain international documents, including translations, without violating any regulations. For example, with the elimination of the Safe Harbor and adoption of the Privacy Shield there is still uncertainty regarding transatlantic data transference. Furthermore, countries like Russia and China, are very stringent and can impose severe penalties for the unauthorized removal of data.
Have questions? With over 15 years of Legal and Compliance translations, more than 5,000 translators and marquis accounts in the F500, VIA can help partner on compliance or legal foreign language content. We’d love to help. Contact us today.
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